Image Credit: http://www.freestockphotos.biz/stockphoto/14339 A few decades ago, some men sued Hooters Restaurant, claiming that the purveyor of chicken wings, burgers, beer, and shapely female servers in tight, revealing outfits, was discriminating against males who were denied employment as servers. That case resolved in 1997, with Hooters serving up a multi-million…
The Employer Handbook Blog
Four mistakes that you and your managers make when firing employees
sailko [Public domain], via Wikimedia CommonsWell, maybe not you and yours. But, read on just in case. Over the weekend, I read this federal court opinion involving a woman’s claims that her former employer violated both the Americans with Disabilities Act and Title VII of the Civil Rights Act of…
A final word (for now) on the EEO-1 reports that you just love to hate
S nova [CC BY-SA 3.0], via Wikimedia CommonsIs that glass half-full, or is it half-empty? Think about your answer as I provide you with some breaking news on “What You Should Know about EEOC and the Publication of the Notice of Information Collection Regarding the EEO-1.” Let’s get the bad…
Meanwhile, in France, a court ordered an employer to pay for a married man’s accidental death during sex on a business trip
Image by Wokandapix from Pixabay I don’t know much about workers’ compensation. Apart from a few standard provisions that I have in my employment settlement agreements, I know just enough about it to call a workers’ comp lawyer when I have an issue. Or, like today, I know just enough…
Five wage and hour goodies for your business. Trust me. This won’t be weird at all.
Image by OpenClipart-Vectors from Pixabay You know that dream? The one where the U.S. Department of Labor shows up on a Sunday to conduct a surprise wage-and-hour audit of your workplace, all the company payroll records have gone missing, and you’re in your underwear. No? Oh, me neither. But, just…
Get your damn story straight if you’re going to fire someone who just returned from medical leave.
Image by DigitalShards from Pixabay I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing). The plaintiffs in those cases were unsuccessful…
They took her complaint seriously, fired her harasser, promoted her twice, and then retaliated against her?!?
Image Credit: Photofunia.com (https://photofunia.com/results/5d750cee089f7a9b358b4594) Last week, I blogged about a situation in which two employees alleged that their former employer retaliated against them for participating in a workplace investigation. Each claimed that the close timing between the investigation and their subsequent firing confirmed that there must have been some retaliatory…
NLRB: Maybe, after all, it’s not ok for employees to call their bosses nasty motherf***ers
Image by kdbcms from Pixabay Yesterday, the National Labor Relations Board announced here that it wants your input — actually your lawyers will have to submit a brief — “on whether the Board should reconsider its standards for profane outbursts and offensive statements of a racial or sexual nature.” Specifically,…
PODCAST: How to create a sexual harassment policy
Wolfmann [CC BY-SA 4.0], via Wikimedia CommonsWe’re two-thirds of the way through 2019, and companies continue to allocate significant portions of their legal budgets to addressing #MeToo and issues relating to sexual harassment in the workplace. This isn’t going away any time soon. Six states and one locality (NYC) have…
How many of you would risk the retaliation claim here? (I would)
Image by Clker-Free-Vector-Images from Pixabay You’ve been here before. One of your employees just complained about discrimination in the workplace. Or maybe s/he just participated in an HR investigation. A few days or weeks later, s/he violates your work rules and you have clear grounds to fire the employee. Now…